Western Australian Numbered Acts Western Australian Numbered Acts Sections 54, 55
and 56 are repealed and the following sections are inserted
instead —
“
54. Bodily harm: duty to stop and give
information and assistance
(1) If a vehicle
driven by a person (the "driver") is involved in an incident occasioning
bodily harm to another person, the driver must stop immediately after the
occurrence of the incident and for as long as is necessary to comply with
subsections (2) and (6).
(2) If a vehicle
driven by a person (the "driver") is involved in an incident occasioning
bodily harm to another person (a
"victim"), the driver must ensure that each victim receives all the
assistance, including medical aid, that is necessary and practicable in the
circumstances.
(3) A person who
contravenes subsection (1) or (2) commits a crime.
Penalty: imprisonment for —
(a)
20 years, if the incident occasioned death;
(b)
14 years, if the incident occasioned grievous bodily harm but not death;
(c)
10 years, in any other case.
Summary conviction penalty in a case to which
paragraph (c) applies: imprisonment for 3 years.
(4) If in the opinion
of the court an offence under subsection (3) is of a sufficiently serious
nature the court may make an order disqualifying the offender from holding or
obtaining a driver’s licence for such period as it thinks fit.
(5) It is a defence to
a charge of an offence under subsection (3) for the accused to prove that
the accused was not aware of the occurrence of the incident.
(6) If a vehicle
driven by a person (the "driver") is involved in an incident occasioning
bodily harm to another person (a
"victim"), the driver must, if required to do so by a victim, a representative
of a victim, or a member of the Police Force, give the driver’s name and
address and, if known to the driver, the name and address of a responsible
person for the vehicle.
Penalty: a fine of 30 PU.
(7) It is a defence to
a charge of an offence under subsection (3) or (6) for the accused to
prove that the accused could not comply with a requirement in the relevant
provision because of an injury suffered by the accused in the incident.
55. Damage to property: duty to stop and give
information
(1) If a vehicle
driven by a person (the "driver") is involved in an incident in which any
property is damaged, the driver must stop immediately after the occurrence of
the incident and for as long as is necessary to comply with
subsection (4).
Penalty: a fine of 30 PU.
(2) If in the opinion
of the court an offence under subsection (1) is of a sufficiently serious
nature the court may make an order disqualifying the offender from holding or
obtaining a driver’s licence for such period as it thinks fit.
(3) It is a defence to
a charge of an offence under subsection (1) for the accused to prove that
the accused was not aware of the occurrence of the incident.
(4) If a vehicle
driven by a person (the "driver") is involved in an incident in which any
property is damaged, the driver must, if required to do so by a person whose
property was damaged in the incident or a representative of that person or a
member of the Police Force, give the driver’s name and address and, if
known to the driver, the name and address of a responsible person for the
vehicle.
Penalty: a fine of 30 PU.
(5) It is a defence to
a charge of an offence under subsection (1) or (4) for the accused to
prove that the accused could not comply with a requirement in that subsection
because of an injury suffered by the accused in the incident.
56. Duty to report incidents involving bodily harm
or damage to property
(1) If a vehicle
driven by a person (the "driver") is involved in an incident occasioning
bodily harm to another person, the driver must report the incident forthwith
to the officer in charge of a police station.
(2) If a person
contravenes subsection (1) and the incident occasioned death or grievous
bodily harm, the person commits a crime.
Penalty: imprisonment for 10 years and in any
event the court convicting the person must order that the offender is
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months.
Summary conviction penalty: imprisonment for
12 months and in any event the court convicting the person must order
that the offender is disqualified from holding or obtaining a driver’s
licence for a period of not less than 12 months.
(3) If a person
contravenes subsection (1) and the incident did not occasion death or
grievous bodily harm, the person commits an offence.
Penalty: imprisonment for 12 months and in
any event the court convicting the person must order that the offender is
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months.
(4) If a vehicle
driven by a person (the "driver") is involved in an incident in which any
property is damaged the driver must report the incident forthwith to the
officer in charge of a police station.
Penalty:
(a) for
a first offence, a fine of 8 PU;
(b) for
a subsequent offence, a fine of 16 PU.
(5) It is a defence to
a charge of an offence under subsection (2), (3) or (4) for the accused
to prove that —
(a) the
accused could not comply with a requirement in the relevant provision because
of an injury suffered by the accused in the incident; or
(b) a
member of the Police Force attended at the scene of the incident and took the
necessary particulars of the incident.
(6) It is a defence to
a charge of an offence under subsection (4) for the accused to
prove —
(a) that
the accused had reasonable cause for believing that the total value of the
damage did not exceed the amount prescribed for the purposes of this
subsection; and
(b) that
the owner, in each case, of any property damaged was present or represented at
the place where and at the time when, or immediately after, the incident
occurred.
”.